[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Page 21815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07916]
[[Page 21815]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054; RTID 0648-XB954]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of a closure; request for
comments.
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SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels using trawl gear in the Bering Sea and Aleutian Islands
Management Area (BSAI). This action is necessary to fully use the 2022
total allowable catch of Pacific cod allocated to catcher vessels using
trawl gear in the BSAI.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), April 11,
2022, through 1200 hours, A.l.t., June 10, 2022. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
April 28, 2022.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2020-0141, by
either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2020-0141 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region NMFS,
Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Management Area
(FMP) prepared by the North Pacific Fishery Management Council under
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). Regulations governing fishing by U.S.
vessels in accordance with the FMP appear at subpart H of 50 CFR parts
600 and 679.
The B season apportionment of the 2022 Pacific cod TAC allocated to
catcher vessels using trawl gear in the BSAI is 3,262 metric tons (mt)
as established by the final 2022 and 2023 harvest specifications for
groundfish in the BSAI (87 FR 11626, March 2, 2022). NMFS closed
directed fishing for Pacific cod by catcher vessels using trawl gear in
the BSAI under Sec. 679.20(d)(1)(iii) on April 2, 2022 (87 FR 19808,
April 6, 2022).
NMFS has determined that as of April 7, 2022, approximately 1,700
metric tons of Pacific cod remain in the B season apportionment of the
2022 Pacific cod allocated to catcher vessels using trawl gear in the
BSAI. Therefore, in accordance with Sec. 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2022 total
allowable catch (TAC) of Pacific cod in the BSAI, NMFS is terminating
the previous closure and is opening directed fishing for Pacific cod by
catcher vessels using trawl gear in the BSAI. The Administrator, Alaska
Region, NMFS, (Regional Administrator) considered the following factors
in reaching this decision: (1) The current catch of Pacific cod by
catcher vessels using trawl gear in the BSAI and, (2) the harvest
capacity and stated intent on future harvesting patterns of vessels in
participating in this fishery.
While this closure is effective the maximum retainable amounts at
Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was
issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable and contrary to the public interest,
as it would prevent NMFS from responding to the most recent fisheries
data in a timely fashion and would delay the opening of Pacific cod by
catcher vessels using trawl gear in the BSAI. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of April 7, 2022.
The Assistant Administrator for Fisheries, NOAA also finds good
cause to waive the 30-day delay in the effective date of this action
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons
provided above for waiver of prior notice and opportunity for public
comment.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod by catcher vessels by trawl gear in the BSAI to be
harvested in an expedient manner and in accordance with the regulatory
schedule. Under Sec. 679.25(c)(2), interested persons are invited to
submit written comments on this action to the above address until April
28, 2022.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-07916 Filed 4-8-22; 4:15 pm]
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